IRELAND: Data Retention: Digital Rights Ireland win right to take case to ECJ


IRELAND: Data Retention: DIGITAL RIGHTS IRELAND WINS RIGHT TO TAKE CASE TO ECJ: Judgment re: Preliminary Reference, Standing, Security for Costs (link): This is a copy of a judgment of the Irish High Court in relation to the constitutional challenge brought by Digital Rights Ireland against data retention in Europe. The judgment is from the 5th of May 2010 and relates to three key procedural questions: 1. Does DRI have standing to make arguments based on privacy and other fundamental rights? 2. Must DRI lodge money into court as security for the costs of the State? 3. Is this an appropriate case to refer to the European Court of Justice to determine whether the Data Retention Directive is compatible with fundamental rights.

All three questions are decided in favour of DRI and the court holds that: 1. DRI can make these arguments; 2. DRI need not pay money as security for costs; and 3. The case will be referred to the European Court of Justice. (NB: the judgment is marked "unapproved" meaning that it is not a final version - there may still be typos, etc., to be amended before it is finalised).

See also: European Court to rule on communications data retention (link)

 

Spotted an error? If you've spotted a problem with this page, just click once to let us know.

Report error